BYERLY v. COLVIN
| LINDA BYERLY |
| CAROLYN COLVIN |
| 1:2013cv00270 |
| September 6, 2013 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Cathy Bissoon |
| Cynthia Reed Eddy |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on December 22, 2014. A more recent docket listing may be available from PACER.
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Filing 23
ORDER granting #20 Motion for Attorney Fees, and adopting parties' Stipulation regarding same (Doc. #22 ). Plaintiff is awarded attorney fees under the EAJA in amount of $3,700.00. These attorney fees will be paid directly to Plaintiff, and sent to the business address of Plaintiff's counsel. Full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s). Signed by Judge Cathy Bissoon on 12/22/14. (dcd)
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| Filing 22 STIPULATION re #20 MOTION for Attorney Fees under the Equal Access to Justice Act by CAROLYN COLVIN. (Attachments: #1 Proposed Order) (Trabold, Christian) |
| Filing 21 NOTICE of Appearance by Christian A. Trabold on behalf of CAROLYN COLVIN. (Trabold, Christian) |
| Filing 20 MOTION for Attorney Fees under the Equal Access to Justice Act by LINDA BYERLY. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit affidavit, #2 Exhibit fee assignment, #3 Exhibit itemization, #4 Proposed Order) (Gillikin, Robert) |
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ORDER Response re #20 Plaintiff's Motion for Attorney Fees under the EAJA. Defendant's response is due by 12/29/14. Signed by Judge Cathy Bissoon on 12/9/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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Filing 19
JUDGMENT ORDER. For the reasons set forth in the Memorandum Order filed contemporaneously herewith, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, FINAL JUDGMENT hereby is entered in favor of Plaintiff and against Defendant. This case has been marked closed. Signed by Judge Cathy Bissoon on 9/19/14. (dcd)
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Filing 18
MEMORANDUM ORDER. Defendant's Motion for Summary Judgment (Doc. #11 ) is DENIED; Plaintiff's Motion for Summary Judgment (Doc. #9 ) is GRANTED; this case is REMANDED FORTHWITH for further administrative proceedings; and the Magistrate Judge's Report and Recommendation (Doc. #15 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 9/19/14. (dcd)
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| Filing 17 RESPONSE IN OPPOSITION to #16 Objections, filed by LINDA BYERLY. (Gillikin, Robert) |
| Filing 16 OBJECTIONS to #15 Report and Recommendation, by CAROLYN COLVIN. (Sanner, Christine) |
| Filing 15 REPORT AND RECOMMENDATION re #9 MOTION for Summary Judgment filed by LINDA BYERLY, #11 MOTION for Summary Judgment filed by CAROLYN COLVIN. It is respectfully recommended that the Commissioner's motion for summary judgment be denied, and that Byerly's motion for summary judgment be denied to the extent that it requests an award of benefits but granted insofar as it seeks a vacation of the Commissioners decision, and a remand for further proceedings. Objections to this R&R are due by 9/11/2014. Signed by Magistrate Judge Cynthia Reed Eddy on 08/28/2014. (bap) |
| Filing 14 REPLY BRIEF re #11 Motion for Summary Judgment, filed by LINDA BYERLY. (Gillikin, Robert) |
| Filing 13 BRIEF in Support re #11 Motion for Summary Judgment filed by CAROLYN COLVIN. (Sanner, Christine) |
| Filing 12 Errata re #11 Motion for Summary Judgment by CAROLYN COLVIN. Reason for Correction: Wrong pleadings attached. (Attachments: #1 Proposed Order) (Sanner, Christine) |
| Filing 11 MOTION for Summary Judgment by CAROLYN COLVIN. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Sanner, Christine) ERROR: Wrong document attached. Document removed from public view. See #12 Errata. Modified on 3/18/2014. (tt) |
| Filing 10 BRIEF in Support re #9 Motion for Summary Judgment filed by LINDA BYERLY. (Gillikin, Robert) |
| Filing 9 MOTION for Summary Judgment by LINDA BYERLY. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Gillikin, Robert) |
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ORDER granting #8 Motion to Extend Time for motions for summary judgment. Plaintiff Summary Judgment due by 2/17/2014. Defendant Summary Judgment due by 3/17/2014. Replies due by 3/31/2014. Signed by Magistrate Judge Cynthia Reed Eddy on 1/17/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (MJL)
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| Filing 8 Unopposed MOTION to Extend Time to file Motion for Summary Judgment by LINDA BYERLY. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Gillikin, Robert) |
| Filing 7 CERTIFIED COPY OF TRANSCRIPT of proceedings before Social Security Administration by CAROLYN COLVIN. (Sanner, Christine) |
| Filing 6 ANSWER to #2 Complaint by CAROLYN COLVIN. (Sanner, Christine) |
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SOCIAL SECURITY APPEAL ORDER. Plaintiff's Motion for Summary Judgment due by 1/17/2014; Defendant's Motion for Summary Judgment due by 2/14/2014; Replies due by 3/3/2014; Submitted No Hearing on 3/3/2014. Signed by Judge Cathy Bissoon on 12/2/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi)
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| Filing 5 NOTICE of Appearance by Robert W. Gillikin, II on behalf of LINDA BYERLY. (Gillikin, Robert) |
| Filing 4 SUMMONS/Return of Service Returned Executed by LINDA BYERLY. CAROLYN COLVIN served; USAG served, US ATTORNEY served on 10/2/2013, answer due 12/2/2013. (Attachments: #1 Receipt, #2 Receipt) (Berger, Cynthia) |
| Filing 3 Summons Issued as to *CAROLYN COLVIN* (Attachments: #1 Summons, #2 Summons) (jd) |
| Filing 2 COMPLAINT against CAROLYN COLVIN, filed by LINDA BYERLY. (dm) |
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ORDER granting #1 Motion for Leave to Proceed in forma pauperis and the clerk is directed to file the complaint. Signed by Judge Cathy Bissoon on 9/9/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi)
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ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Cynthia Reed Eddy. Signed by Judge Cathy Bissoon on 9/9/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by LINDA BYERLY. (Attachments: #1 Complaint, #2 Civil Cover Sheet) (dm) |
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| Plaintiff: LINDA BYERLY | |
| Represented By: | Cynthia C. Berger |
| Represented By: | Robert W. Gillikin, II |
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| Defendant: CAROLYN COLVIN | |
| Represented By: | Christian A. Trabold |
| Represented By: | Christine A. Sanner |
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